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ITAT Hyderabad

Ignorance of Law is not a reasonable cause to delete Section 273 Penalty

April 3, 2022 1668 Views 0 comment Print

Mohd Zaheeruddin Zeeshan Ayub Vs ITO (ITAT Hyderabad) Learned Counsel  contended during the course of hearing that this assessee is drawing salary income on regular basis and it was only in the impugned assessment year that he had carried out corresponding transactions requiring audit report u/s.44AB of the Act. He therefore pleaded assessee’s ignorance only […]

Unsecured Loan from Kolkata Parties: ITAT confirms additions

April 3, 2022 3243 Views 0 comment Print

Mahendra Kumar Agarwal Vs ACIT (ITAT Hyderabad) It is an admitted factual position that this assessee is assessed and lives in Hyderabad whereas all the corresponding loan creditors parties are from Kolkata only. And that too, there is not even a single loan agreement between the assessee and the said parties, reflecting the terms of […]

Case not presented properly by Assessee due to Old age before AO & CIT(A): ITAT allows one more Opportunity

February 20, 2022 600 Views 0 comment Print

Dr. Mumtaz Ali Khan Afzal Vs Income Tax Officer (ITAT Hyderabad) From the facts of the case it appears that the assessee did not properly co-operate before the Ld. AO. However, considering the explanation rendered by the Ld. AR regarding the hardship faced by the assessee and since the assessee is a senior citizen, we […]

No Section 50C addition for variation of upto 10% of stamp duty value

January 15, 2022 8445 Views 0 comment Print

Mamatha Divakar Shetty Vs ITO (ITAT Hyderabad) In the statement of LTCG, the assessee had not adopted the market value/SRO value as sale consideration as per section 50C of the Act. In AY 2012-13, the assessee computed LTCG by adopting market value of Rs. 9,44,98,000/- and the assessee being 1/4th share beneficiary of Rs. 2,09,62,515/-, […]

Reopening based on Audit objection valid if cash payments above Rs. 20000 escaped scrutiny

January 1, 2022 7998 Views 3 comments Print

ITO Vs Mayuri Constructions (ITAT Hyderabad) The brief facts of the case are that the assessee is a firm engaged in the business as civil contractor filed its return of income for the AY 2008-09 on 14/10/2008 declaring total income of Rs. 65,254/-. Initially, the return was processed U/s. 143(1) of the Act and thereafter […]

AE cannot be considered as comparable as it lacks independent nature of uncontrolled transaction

December 24, 2021 741 Views 0 comment Print

An associate enterprise itself would not to be taken as a comparable since lacking the independent nature of an uncontrolled transaction in forming hallmark of Chapter X of the Act. We thus delete the impugned arms length price adjustment on receivables for this precise reason alone.

Transfer Pricing: Additions deleted in absence of comparable

December 20, 2021 1323 Views 0 comment Print

The Hon’ble ITAT deleted the transfer pricing adjustment on account of interest on receivables due to failure of revenue authorities to find out even a single comparable in assessee’s segment charging interest in uncontrolled market conditions.

An Assessment attracts Section 263 revision if AO has not taken one of two possible views

October 8, 2021 633 Views 0 comment Print

Sanctuary Television Pvt. Limited Vs DCIT (ITAT Hyderabad) The PCIT holds that in this case administrative expenses were in the nature of pre-operative expenditure which could not be set-off against the assessee’s foregoing interest income. And that the Assessing Officer’s action allowing the assessee’s claim in a very casual and mechanical manner deserves to be […]

Sponsorship fees for Lifetime Achievement Awards not treated as Business Expenditure

September 27, 2021 2124 Views 0 comment Print

Appellant contended that such contribution is made for empowerment of women however, the CIT(A) in its order observed that although the expenditure was for a noble cause, it has no nexus contribution made and the income generated for the business of the Appellant company under Section 37 of the IT Ac

No penalty for delay in filing quarterly TDS statement if entire tax with interest deposited

September 6, 2021 4002 Views 0 comment Print

Penalty under Section 272A(2)(k) could not be imposed merely for the delay in filing Quarterly TDS Statement as the entire tax along with interest thereon had been deposited in to Govt. account and later, assessee filed quarterly TDS returns for all the quarters and Revenue had not suffered any loss because tax deducted was already deposited on time and there was mere technical or venial breach to provisions contained in Act for submitting return/statements of TDS.

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